human rights reform is possible, even regarding some of the most persistent and difficult human rights problems. Practical effect of the UK Human Rights Act on aged and disability care in the UK In the UK, the Human Rights Act has been used to secure better treatment for people in care homes. This has largely been based on the prohibition of inhumane and degrading treatment, and respect to privacy, and has ‘forge[d] a new set of obligations to the aged’.94 Practical changes have occurred through: • A human rights-based approach being adopted by the Care and Quality Commission, which regulates care homes • Human rights issues being raised early with public authorities and used as a tool to achieve changes to policies and practices without needing to go to court • Case law setting important precedent • Systemic own-motion report made by the Equality and Human Rights Commission that has brought attention to problematic practices. Some examples of each are discussed below. Role of the Care and Quality Commission (CQC) • The CQC adopted a human rights-based approach to the regulation of care services in 2014 that was reviewed and strengthened in 2018.95 The 2018 changes were a result of a partnership between the CQC and the Equality and Human Rights Commission. The human rights approach is reflected in practical measures, such as: The following example from the UK illustrates the reach and importance of the Human Rights Act with respect to a key policy area, noting the role of a responsive public service. » Monitoring risks to human rights, including taking into account service provider’s compliance with human rights legislation through information gathering. » Inspecting facilities for human rights breaches. » Providing education and training on human rights to the sector.96 • The Care Quality Commission (CQC) is also a public authority under the Human Rights Act and so must comply with human rights when carrying out its functions as the regulator of the home care sector.97 Example: Through a surprise inspection the CDC found that the Admiral Court Care Home had been depriving some of the residents of the care home of their liberty without invoking the proper safeguards under the Mental Capacity Act. This breaches the right to liberty, protected by the Human Rights Act (Article 5). Residents were effectively ‘unlawfully detained at the home’ and some residents were denied food and water, while the temperature was kept ‘uncomfortably hot’.98 As well as breaching its residents’ human rights, the CQC found that the home had breached Regulations used by the CQC to inspect care homes (as set out in the Health and Social Care Act 2008). Due to the CQC’s human rights approach the Regulations are built upon human rights principles. » Embedding human rights considerations in the process for registering service providers. FREE AND EQUAL A Human Rights Act for Australia 2022 83